TERMS AND CONDITIONS

 

Welcome to Framie, a digital platform and brand owned by Get Match Lda, that redesigns the way people collect.
Through our two-sided platform, clients such as brands, marketers or institutions can create and promote thematic digital collections, composed with predefined pictures, for users to complete with their own photos. By joining our community, and as we develop our platform, Users will access a portfolio of unending collections, which they can explore and answer for the challenge, pleasure, rewards and recognition. Users may browse, explore and add to their portfolio of collections only what they want or need, making Framie a tool for anyone to freely search the world, discover or revisit places and learn and have fun through completing visual, interesting and challenging collections, in an intuitive and modern way.

 

TERMS OF ACCEPTANCE

By accessing or using this site or mobile App (the “Service”) in any way, Users agree to and are bound by the terms and conditions (“Terms & Conditions”) set forth in this document, as well as to our Privacy Policy. We advise you that if you do not agree with all or part of the terms contained in the Terms & Conditions do not access or use our mobile App or Site.

Framie reserves the right to change these Terms & Conditions at any time without presenting a justification. Framie will notify the Users of the changes made to the Terms & Conditions on the Website, via the mobile application or via email, no later than four weeks before they take effect. That notification will include a link to the full version of the changed Terms & Conditions. If Users do not object to the application of the new Terms & Conditions within four weeks after receiving the notification, the amended document shall be deemed accepted.

We may attempt to notify Users of major changes to the Terms & Conditions, but we might not be able to notify our Users of all the changes, so we encourage you to check if they have been updated. The continued use of the Service constitutes an agreement to be bound by such modifications or revisions.
Upon the User registration as an individual, you represent and warrant that you are over the age of 18 and are lawfully able to accept the Terms & Conditions.

If using our Services on behalf of any entity, you further represent and warrant that you are authorized to accept the terms on such entity’s behalf, and that such entity indemnifies Framie of any violation of the Terms & Conditions.

If Users violate in any way or in part these Terms & Conditions or our Privacy Policy, Framie reserves the right to, without prior notification, terminate their User Account. Users are solely responsible for the content and information they upload on our Service, as well as the interaction with other Users and for any consequences thereof.

 

CONDITIONS OF USE

The App is currently made available for Users free of charge for personal, non-commercial use.

Framie reserves the right to amend or withdraw the App, or charge for the application or service provided to you in accordance with these Terms, at any time and for any reason.

You agree that when using the App you will comply with all applicable Laws and these Terms. In particular, but without limitation, you agree not to use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement.

You agree that you will not, nor allow third parties on your behalf to make and distribute copies of the App; attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or create derivative works of the App of any kind whatsoever.

You agree to indemnify Framie and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or applicable Laws.

 

USER ACCOUNT AND REGISTRATION

In order to use our Service you are requested to create a User Account. If you choose not to register through a third-party website, you will be requested to input an username, password, and provide us with a valid email.

It is strictly forbidden to choose usernames that can be considered harmful, racially or ethnically offensive, sexually explicit, defamatory, or that in any way violate any personal rights.

By creating an Account you warrant that the information you provide us is accurate. You are responsible to keep it up to date, provided the request of such data does not contradict any data protection law/s.

You are also responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for any and all activities or actions that occur under your account and/or password.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Framie may disable, suspend or terminate your access to all, or part of the Service at any time, without prior notice, and will not be liable for any of your losses if caused by any unauthorized use of your Account.

 

CONTENT GUIDELINES

As a Framie User you may submit Content to the Service. The term “Content” includes, but it is not limited to pictures, requests, messages, comments, interactive features and other materials you may view on, access through, or contribute to the Service.

The Users represent and warrant that they own the Content posted on the Service or otherwise have the right to grant the rights and licenses set forth in these Terms & Conditions, and that all royalties, fees, and any other monies owed by reason of Content they post on or through the Service, have been paid for.

Users shall be solely responsible for their own Content and the consequences of submitting the Content on the Service.

Users warrant not to post, upload, create or otherwise publish through our Services any of the following:

1. Pictures, requests, messages, comments, data, information that are unlawful, defamatory, obscene, pornographic, harmful to minors, indecent, suggestive, harassing, threatening or invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

2. Pictures, requests, messages, comments, data, information that would constitute, encourage a criminal offense or violate the rights of any party;

3. Any Content that might infringe in all or in part any patent, trademark, trade secret, copyright or other intellectual property or contract right. We would like to remind you that you represent and warrant that you have the lawful right to transmit, distribute and reproduce any content;

4. Files that may contain virus, corrupted data, or any other programs that may harm other people’s devices or/and our Service.

Framie does not guarantee the accuracy, validity, or completeness of any Content on the Service, nor do we endorse or support any opinions expressed in the Service. Users understand and acknowledge that they might be exposed to Content that may be deemed inaccurate, offensive, indecent, objectionable or otherwise inappropriate, and you agree to waive any legal or equitable rights or remedies you have or may have against Framie with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Framie, its owners, operators, affiliates, contributors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

If Users post, upload, create or otherwise publish content in the Service that may in any way or in part violate the Terms & Conditions or the Privacy Policy, Framie reserves the right to, without prior notification, remove the violating Content and terminate the User Account.

 

PUBLISHING CONTENT

After registering and once signed in, Users are able to get Collections to their portfolio and upload and match their pictures into the respective framie (photo watermark) of the collection free of charge on our platform.

When You take a picture in your device or upload one to our platform to make a “match” with a “framie” it will become available in your portfolio, in the respective collection, where it may be visible to other Users, according with your privacy status.

When a picture is identified as inappropriate, Framie may send an email stating the issues found. Repeated infringement may lead to Account termination.

By submitting any Content to our Service, you hereby grant Framie a worldwide, non-exclusive, royalty-free, sub licenseable and transferable license to use, copy, reproduce, process, modify, adapt, prepare derivative works, monetize, publish, transmit, display, perform and distribute the Content in connection with the Service and Framie’s (and its successors’ and affiliates’) business, including without limitation, promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You hereby agree that Framie may place advertising, sponsorship or promotional material on the Service in conjunction with your Content.

Users understand and agree that this license includes the right for Framie to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Framie for the broadcast, distribution or publication of such Content on other media and services, subject to our Terms & Conditions for such Content use. Such additional uses by Framie, or other companies, who partner with Framie, may be made with no compensation paid to the User with respect to the Content that you published or otherwise made available through the Services.

Users are free to remove their Content from our platform at any time. Nonetheless you understand and agree that Framie may retain, but not display, distribute or perform, server copies of your Content that have been removed or deleted by you, and that any Content you have submitted which has been previously downloaded by Framie, Framie’s partners or any other Licensee, will remain within the control of such User.

 

LINKS

Framie makes no claim and it is neither directly or indirectly responsible for the content nature displayed on third-party websites accessible by hyperlink from our Services.

Framie has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content, web sites or services (including those provided by other users). You expressly acknowledge and agree that Framie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

PROPRIETARY RIGHTS AND TRADEMARKS

Framie, the Framie logo, and any other product or service name or slogan contained in the Website or App are trademarks of Get Match, Lda. and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Get Match, Lda, and are subject to copyright and other intellectual property rights under the law.

 

DATA PROTECTION

Any personal information you supply to Framie when using the App will be used by Framie in accordance with this Terms & Conditions and its Privacy Policy.

 

AVAILABILITY

This App is available, for the moment, to handheld mobile devices running Apple iOS (10.3 and above) Operating Systems. Framie will use reasonable efforts to make the App available at all times. However you acknowledge the App is provided over the internet, and mobile networks and so the quality and availability of the App may be affected by factors outside Framie’s reasonable control.

Framie does not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.

 

TERMINATION

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact Framie to permanently delete it.

 

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FRAMIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. FRAMIE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FRAMIE ‘S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE VIA THE SERVICE. FRAMIE DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FRAMIE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL FRAMIE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FRAMIE’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, IN CASE OF TECHNICAL IMPLEMENTATION, THAT INCLUDE BUT AREN’T LIMITED TO SITUATIONS DUE TO NECESSARY MAINTENANCE OR NET ACCESS FAILURE,(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT MADE AVAILABLE VIA THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FRAMIE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Get Match, Lda from its facilities in Portugal. Get Match, Lda makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own free will and are responsible for compliance with local law.

You agree that any legal dispute will take place in Porto court (Portugal).

 

CONTACTING US

If you have any questions about this Terms and Conditions, please contact us at [email protected].

 

Last revision: 2017-09-28